CCJ Received in post today...PLEASE advise!!

[A6er]

Hi

 

My partner had an account with Fashion World,a catalogue clothing company.Due to many reasons this account accrued arrears and was passed on to various inhouse departments.It was then passed to Moorcroft and after being hounded by them with calls we CCA`d them.

 

We have heard nothing from Moorcroft about this Fashion World debt although i do know that they received the CCA request as it was posted it in the same package that included another CCA request for another debt, Argos Additions.

 

We received a letter basically saying that Moorcroft could no longer enforce the Argos Additions debt due to the fact of not being able to produce a signed agreement,and we have heard nothing more on that.

 

However,today we received a County Court Claim Form from Northhampton County Court in reference to a debt owed to JD Williams & Co Ltd,Manchester.

It is claimed through MLS Solicitors,John Street,Stockport,SK1 3WT.

A very similar address to Moorcroft. :?

 

Can they send this even after being served with a CCA request??

Or does it look like it has been passed on to another company?

Even so, We owe the debt to Fashion World,and although i think JD Williams is part of the same company,does it not have to say Fashion World on the Court Form?

 

The amount claimed by MLS Solicitors on behalf of JD Williams is the same as the amount previously claimed by Moorcroft on behalf of Fashion World,

so there is no chance it is a different account.

 

It says we only have 14 days to respond with a defence from Wednesday date of the 12-9-07 so what are our options?

My partner is very upset and anxious about this so will really appreciate all help.

 

Thanks so much guys

[linz2011]

Hi firstly you need to log on to www.moneyclaim.gov.uk and file an acknolwedgement this will give you more time and you can put a defence together - I have something similar which someone did for me on here so if you need further help give me a shout

 

Linz:)

[Having_A_Knightmare]

Hi

 

Could do with Rory or Tom loking at this one.

[A6er]

Ok thanks Linz, just done that.

 

What is my defence now tho.

Do I CCA the solicitors on the form

MLS Solicitors

 

I think they are Moorcroft affiliated so need to clarify as i already CCA`d Moorcroft and have heard nothing about this account.

 

Please help:)

[A6er]

Hi HavingAKnightmare

 

who are Rory & Tom??

 

Sorry for my ignorance:oops:

[NitrousOxide]

MLS= Midas Legal Services.

Basically this is moorcroft.

Have a read here.

[A6er]

Thanks Nitrous Oxide

Had a feeling they were connected as the address was so similar.

 

I have posted my Acknowledgement Of Service online now and need to know what my defence will be.

 

Can I defend on either or all of these points:

 

1-Moorcroft received CCA regarding this at the beginning of September yet have still passed this to MLS Solicitors.

No Reply from Moorcroft concerning CCA request.

 

2-They have issued the CCJ form today saying I owe debt to JD Williams,and although part of the same company,my account is actually with Fashion World.

 

3-Received no other info from MLS,i.e. default warnings etc,only this CCJ form.Are they allowed to go straight to this form without first sending me warnings of the action they will take on this matter?

 

Realise Tom & Rory must be extremely busy guys but would love to have their input too,not detracting from any advise given so far,you are all wonderful people,without whom I dont think we would have coped.

 

Thanks Guys:)

[babybear39]

Surely moorcroft are breaking OFT guidelines by passing to solicitor whilst account is in dispute and they're in default of CCA request

[tomterm8]

Could you post the particulars of claim, please?

 

Have you checked that the CCA letter was recorded delivery, and signed for / is their proof that they recieved it?

[A6er]

Hi Babybear

I was on that understanding too,hence my worry that this CCJ will be railroaded through.

 

I havent even received any warnings that this was coming.

 

As Moorcroft replied to the CCA concerning the other account(Argos)

and accepted that they could do nothing further in regards to enforcing it,I only hope that this isnt Moorcrofts underhand way to penalise me for having had " success " with them.

 

Cheers

[A6er]

Hi Tom

 

Particulars Of Claim;

 

BALANCE UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 MADE BETWEEN THE DEFENDANT AND THE CLAIMANT OR ITS PREDECESSOR IN TITLE AND OUTSTANDING AT THIS DATE.

THE DEFENDANT REMAINS LIABLE FOR MAKING MONTHLY PAYMENTS UNDER THE AGREEMENT UNTIL THE OUTSTANDING DEBT IS REPAID.

 

INVOICE REF:XXXXXXX

 

BALANCE OUTSTANDING £530.20

 

Also,as per my original post,I had 2 CCA`s that i sent in the SAME Special Delivery parcel,and as Moorcroft replied to one of them, I assume they must have the other.

 

Thanks Tom:)

[babybear39]

I wuv moorcroft...NOT!!!

 

They conned me into paying an Orange bill in November last year saying it would be quicker to get my line reconnected by paying them (I was very ill at the time). After speaking to Orange when my number was reconnected, they said this was entirely untrue. Moorcroft almost doubled the bill with their own greedy charge!!! Wish I'd known about CAG then

 

Good luck and best wishes A6er

[tomterm8]

Hi Tom

 

Particulars Of Claim;

 

BALANCE UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 MADE BETWEEN THE DEFENDANT AND THE CLAIMANT OR ITS PREDECESSOR IN TITLE AND OUTSTANDING AT THIS DATE.

THE DEFENDANT REMAINS LIABLE FOR MAKING MONTHLY PAYMENTS UNDER THE AGREEMENT UNTIL THE OUTSTANDING DEBT IS REPAID.

 

INVOICE REF:XXXXXXX

 

BALANCE OUTSTANDING £530.20

 

Also,as per my original post,I had 2 CCA`s that i sent in the SAME Special Delivery parcel,and as Moorcroft replied to one of them, I assume they must have the other.

 

Thanks Tom:)

 

OK, cool. Send my letter (special delivery) in post #3 of my thread http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html don't sign it.

 

Acknowledge service online, via Money Claim Online, (password should be top right hand corner). You'll defend the entire claim ; don't submit counterclaim or defence yet.

 

Call court, ask when defence is due.

[A6er]

Hi Tom

 

Have posted Acknowledgement of Service via website.

 

Have stated that defence will follow at a later date.

 

Will call court tomorow and find out due date for defence.

 

In reference to your letter#3 that i send,do I send to Court,MLS solicitors or Moorcroft?

 

Thanks Tom:)

[tomterm8]

Hi Tom

 

Have posted Acknowledgement of Service via website.

 

Have stated that defence will follow at a later date.

 

Will call court tomorow and find out due date for defence.

 

In reference to your letter#3 that i send,do I send to Court,MLS solicitors or Moorcroft?

 

Thanks Tom:)

 

The contact address on the claim form. don't sign the letter, just type your name.

[A6er]

ok thanks again tom:)

[NitrousOxide]

Hi,

What does "MADE BETWEEN THE DEFENDANT AND THE CLAIMANT OR ITS PREDECESSOR IN TITLE" mean???

[A6er]

Hi NitrousOxide

 

"BETWEEN THE DEFENDANT AND THE CLAIMANT OR ITS PREDECESSOR IN TITLE AND OUTSTANDING AT THIS DATE"

 

I presume it refers to whover has control of the debt at present and also whoever had the debt originally.

 

But,its all above me I`m afraid,so its just guesswork on my part

[A6er]

Hi TomTerm

 

Called court today and was advised that last date of defence is 28 days after the Date Of Service,which is 5 days after the Date Of Issue stated on the CCJ Claim Form i received!!!!!!!

 

Why cant they just give me it in date format!!!

 

So as i receved form yesterday,it was issued on 12-09-2007 which will make the Date of Sevice 17-09-2007,so it should give the last date of defence as 15 October 2007.

 

Having said that I dont want to leave it till the last minute as it was my apathy that got me into this mess lol:rolleyes:

 

All help gratefully accepted

 

cheers:)

[A6er]

hi

[A6er]

Hi TomTerm

 

Called court today and was advised that last date of defence is 28 days after the Date Of Service,which is 5 days after the Date Of Issue stated on the CCJ Claim Form i received!!!!!!!

 

Why cant they just give me it in date format!!!

 

So as i receved form yesterday,it was issued on 12-09-2007 which will make the Date of Sevice 17-09-2007,so it should give the last date of defence as 15 October 2007.

 

Having said that I dont want to leave it till the last minute as it was my apathy that got me into this mess lol:rolleyes:

 

All help gratefully accepted

 

cheers:)

 

 

Hi

I would really like help with the above defence.

As time gets nearer I get more anxious.

Thanks guys

[A6er]

Bump

 

left it all day and still no replies!

 

Please give advice:)

[A6er]

Thanks for the PM reply TT:)

[tomterm8]

hi A6er...

 

As I said, I have looked in on your thread today, and re-read it. My current instinct is that it's going to fail on a number of counts, no Credit agreement being a big one, but also the fact that they've got the wrong claimant and etc.

 

Does the "invoice no" match up with anything you've seen?

 

I know it feels like you should be writing your defence NOW, but really - until you've got the response to the credit agreement request & disclosure request, you can't write the defence.

 

If they DON'T respond, we'll submit a placeholder defence as appropriate... I have a few standard templates, so don't sweat it... but I'll have to spend 15 minutes or so amending it to fit your case.

 

i would prefer to wait and see if they produce anything, rather than waste my time altering something now, which becomes invalid due to their actions. besides, it really isn't a good idea to give the DCA too much of a heads up so soon before the defence is due.

 

PM me if anything changes, or 5 days before you need to submit the defence.

[A6er]

Thanks for that Tom,its put my mind at ease a bit.

Wife keeps telling me I`m always a bit to quick:eek: (to panic I mean:D )

 

The invoice number is the correct one but that account we have is with Fashion World and on the claim form the claimant has changed to JD Williams who are in the same group of companies.

 

Still havent heard anything from the request I sent as per your letter#3,but If I hear or anything else changes i will contact you.

 

Until then I will try to chill,thanks again Tom,Really appreciate your input.